UK Act of Parliament 1972 Northern Ireland

Health and Personal Social Services (Northern Ireland) Order 1972

Enforced by
RQIA
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 1 of 10 obligations carry a fine up to £2,500. 2 carry different penalties and 7 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person3 Self-Employed Person1

Plus 6 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

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Any Person — also bound by 2340 other Acts
Self-Employed Person — also bound by 80 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

INTRODUCTORY

0 of 3 sections shown
3 other sections in this Part — procedural and definitional
s.art001 Title and commencement
s.art002 Interpretation
s.paragraph/p2 Art.3 rep. by SLR 1976
Part 2

MAIN FUNCTIONS OF THE MINISTRY

0 of 23 sections shown
23 other sections in this Part — procedural and definitional
s.art004 General duty of Ministry
s.art005 Provision of accommodation and medical services, etc.
s.art006 Provision of general health care
s.art007 Prevention of illness, care and after-care
s.art008 Care of mothers and young children
s.art009 Medical and dental inspection, etc., of school children and young persons
s.art010 Ancillary services
s.art011 Vaccination and immunisation
s.art012 Family planning
s.art013 Educational and research facilities
s.art014 Health education
s.art014 Arrangements for provision of health care by other bodies or persons
s.art014 Reimbursement of the cost of health care services secured in another EEA state where expenditure was incurred on or after 10th May 2012 but before 27th December 2013
s.art014 Prior authorisation for the purposes of Article 14B(3)(b) or (c)
s.art014 Reimbursement of the cost of health services secured in another EEA state where expenditure occurred on or after 27th December 2013
s.art014 Prior authorisation for the purposes of Article 14D(5)(c) and (7)
s.art015 General social welfare
s.art015 Primary medical services or personal dental services
s.art015 Persons with whom agreements may be made
s.art015 Primary medical services or personal dental services: regulations
s.art015 Right to choose dental practitioner
s.paragraph/p4 Art. 15A. rep. by 2002 c.6(NI)
s.paragraph/p8 Art. 15E rep. by 2004 NI 2
Part 3

HEALTH AND SOCIAL SERVICES BOARDS, ETC.

0 of 6 sections shown
6 other sections in this Part — procedural and definitional
s.art016 Establishment of Health and Social Services Boards
s.art017 Functions of Health and Social Services Boards
s.art018 Schemes
s.art019 Joint committees
s.art021 University Liaison Committees
s.paragraph/p10 Art. 20 rep. by 1991 NI 1
Part 4

CENTRAL BODIES

0 of 6 sections shown
6 other sections in this Part — procedural and definitional
s.art024 Central advisory committees
s.art025 Other advisory committees
s.art026 Northern Ireland Central Services Agency for the Health and Social Services
s.art027 Functions of the Agency
s.paragraph/p11 Arts. 22, 23 rep. by 1986 NI 24
s.paragraph/p13 Arts. 28, 29 rep. by 1991 NI 1
Part 5

OTHER FUNCTIONS OF THE MINISTRY

0 of 25 sections shown
25 other sections in this Part — procedural and definitional
s.art030 Provision of vehicles for persons suffering from physical defect or disability
s.art031 Accommodation and services for private patients
s.art033 Hospital accommodation made available on part payment
s.art034 Cleanliness of school children
s.art036 Provision of accommodation in premises maintained by voluntary organisations, etc.
s.art037 Removal to suitable premises of persons in need of care and attention
s.art038 Protection for property of certain persons
s.art039 Burial or cremation of the dead
s.art041 Availability or provision of services, otherwise than for purposes of the Order
s.art042 Provision of services to persons not ordinarily resident in Northern Ireland
s.art043 Powers of Ministry to conduct or assist research
s.art044 Provisions relating to training
s.art045 Travelling expenses of patients, etc.
s.art046 Provision of residential accommodation for officers
s.art047 Loans to certain officers
s.art048 Acquisition and disposal of land
s.art049 Power to enter on lands
s.art050 Power of inspection
s.art051 Powers of Ministry where services are inadequate
s.art052 Powers of Ministry in emergency
s.art053 Default powers of Ministry
s.paragraph/p15 Art. 35 rep. by 1992 NI 20
s.paragraph/p16 Art. 36A rep. by 2002 c. 5 (NI)
s.paragraph/p17 Art. 40 rep. by 1988 NI 23
s.paragraph/p18 Art. 54 rep. by 2005 c. 12
Part 6

GENERAL HEALTH SERVICES

1 of 29 sections shown
s.art061 Arrangements for general dental services Regulated
  • Do not provide dental services in person while suspendedSelf-Employed Person
28 other sections in this Part — procedural and definitional
s.art055 Recognition of Local Dental Committees, Local Optical Committees and Local Pharmaceutical Committees
s.art055 Functions of Local Dental Committees, Local Optical Committees and Local Pharmaceutical Committees
s.art055 Local Medical Committees
s.art056 Primary medical services
s.art057 General medical services contracts: introductory
s.art057 Requirement to provide certain primary medical services
s.art057 Persons eligible to enter into general medical services contracts
s.art057 General medical services contracts: payments
s.art057 General medical services contracts: prescription of drugs, etc.
s.art057 General medical services contracts: other required terms
s.art057 General medical services contracts: disputes and enforcement
s.art057 Persons performing primary medical services
s.art057 Assistance and support
s.art059 Loans to general medical practitioners
s.art060 Prohibition of sale of, and compensation for loss of right to sell, medical practices
s.art062 Arrangements for general ophthalmic services
s.art062 Persons providing general ophthalmic services
s.art063 Arrangements for pharmaceutical services
s.art063 Additional pharmaceutical services
s.art063 Persons providing pharmaceutical
s.art063 Terms and conditions etc.
s.art064 Persons authorised to provide pharmaceutical services
s.art064 Indemnity cover
s.art065 Disqualification of persons providing certain services
s.art066 Former dispensary property, etc.
s.paragraph/p22 Art 58 rep. by 1988 NI 24
s.paragraph/wrapper1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.paragraph/wrapper2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 7

CO-OPERATION WITH GOVERNMENT DEPARTMENTS, PUBLIC BODIES AND VOUNTARY ORGANISATIONS, ETC.

0 of 5 sections shown
5 other sections in this Part — procedural and definitional
s.art067 Co-operation between Health and Social Services Boards, district councils, etc.
s.art068 Supply of goods and services to certain persons and bodies
s.art069 Supply of goods and services between Health and Social Services Boards and district councils
s.art070 Assistance to bodies providing certain housing accommodation, etc.
s.art071 Arrangements with and assistance to voluntary organisations
Part 9

DISSOLUTION OF CERTAIN BODIES, ETC.

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.art075 Transfer of assets and liabilities
s.art076 Supplementary and transitional provisions
s.paragraph/p33 Art. 74 rep. by SLR 1980
s.paragraph/p34 Arts. 77, 78 rep. by 1991 NI 1
Part 10

ENDOWMENTS AND OTHER TRUST PROPERTY, ETC.

0 of 8 sections shown
8 other sections in this Part — procedural and definitional
s.art079 Transfer of endowments, etc., held by management committees
s.art080 Transfer of property held on trust by Northern Ireland Hospitals Authority
s.art081 Transfer of certain property held by health and welfare authorities
s.art082 Transfer of other property held on trust by health and welfare authorities
s.art083 Power of trustees to make payments to Health and Social Services Boards
s.art084 Power of Ministry in cases of difficulty
s.art085 Power for certain health bodies to accept property on trust, etc
s.art086 Certain property of voluntary organisations
Part 11

FINANCIAL PROVISIONS

0 of 8 sections shown
8 other sections in this Part — procedural and definitional
s.art087 Expenses of the special agencies
s.art088 Regulation of financial arrangements of certain bodies
s.art089 Remuneration of members of bodies and certain other persons
s.art090 Accounts and audit: health and social care bodies
s.art091 Accounts of endowments and other property held on trust
s.art092 Studies for improving economy, etc. in services
s.art093 Northern Ireland share of expenses of certain United Kingdom Councils, etc.
s.art094 Expenses of the Ministry
Part 12

MISCELLANEOUS AND GENERAL

2 of 10 sections shown
s.art101 Recovery of cost of accommodation for persons in need

amended 4 times

s.art101 Recovery of cost of accommodation where persons have disposed of assets

amended 4 times

8 other sections in this Part — procedural and definitional
s.art095 Exercise, in certain cases, of right of choice of person by whom services are to be provided
s.art096 Preservation of associations of denominational hospitals
s.art097 Protection for officer acting in execution of duty
s.art098 Services free of charge
s.art099 Charges in respect of accommodation provided by HSC trust under Article 15
s.art100 Liability to maintain spouse or civil partner and children
s.art103 Failure to maintain
s.paragraph/p41 Art. 102 rep. by 1995 NI 2
Part 13

Administrative and Supplemental Art. 104 rep. by 1986 NI 24...

1 of 6 sections shown
s.art107 Orders, regulations and directions

amended 4 times

5 other sections in this Part — procedural and definitional
s.art105 Arbitration
s.art106 Miscellaneous administrative matters
s.art108 Amendment and repeal of local Acts and charters
s.art109 Amendments, savings and repeals
s.paragraph/p42 Art. 104 rep. by 1986 NI 24
Schedules

Schedules

9 of 125 shown
s.sch003 The Agency shall make standing orders with regard to its procedure (including the fixing of Regulated
Other duties (1) — Crown / regulator
  • Create standing orders for internal proceduresStatutory regulator
s.sch006 Where an officer, being a social worker, of the responsible authority (a) has reason to... Regulated
Other duties (1) — Crown / regulator
  • Social worker must consult medical officers and obtain certificate before removalLocal authority
s.sch006 Any person who wilfully disobeys, or obstructs the execution of, an order under paragraph 2... Prosecution
  • Obstruct or disobey a social work orderAny Person

Fine up to £200

s.sch006 Where the premises in which a person is maintained under... Regulated
Other duties (1) — Crown / regulator
  • Responsible authority must bear maintenance costs under Schedule 6Local authority
s.sch009 Where regulations under paragraph 1A authorise the Department of Finance... Regulated
Other duties (1) — Crown / regulator
  • Health Department must repay loans guaranteed by Department of FinanceCrown / Minister / Government department
s.sch010 (1) Any person who sells or buys the goodwill of... Prosecution
  • Sell or buy goodwill of a medical practiceAny Person

Unlimited fine

s.sch011 (1) Regulations shall make provision— (a) for inquiries under this Schedule to be held in... Regulated
Other duties (1) — Crown / regulator
  • Department must make regulations for Tribunal inquiriesCrown / Minister / Government department
s.sch014 Any endowment to which this Schedule applies shall, notwithstanding anything... Regulated
Other duties (1) — Crown / regulator
  • Health and Social Services Board must apply endowment funds in prescribed orderLocal authority
s.sch015 (1) A person is guilty of an offence if he does any act mentioned in... Prosecution
  • Make false statements to avoid health chargesAny Person

Fine up to £2,500

116 other schedules
s.sch001 A Health and Social Services Board shall be a body corporate with perpetual succession to
s.sch001 Each Health and Social Services Board shall make standing orders with regard to its procedure
s.sch001 Subject to sub-paragraph (2), sections 28 to 33 and 146 of the Local Government Act
s.sch001 The qualifications, remuneration and conditions of service of officers of a Health and Social Services
s.sch001 The seal of a Health and Social Services Board shall be authenticated by the signatures
s.sch001 Any contract or instrument which, if entered into or executed by an individual, would not
s.sch001 Regulations may make provision (including provision modifying this Schedule) to deal with cases where the
s.sch001 A Health and Social Services Board shall, notwithstanding that it is exercising functions on behalf
s.sch001 A Health and Social Services Board shall consist of—a chairman appointed by the Head of
s.sch001 The term of office of members of a Health and Social Services Board appointed under
s.sch001 A member of a Health and Social Services Board appointed under paragraph 3(1)(a) or (b)—may
s.sch001 The proceedings of a Health and Social Services Board or of any committee thereof shall
s.sch001 Subject to Part X and paragraph 2( d) of Schedule 9, so much of section
s.sch001 Sub‐para. (1) rep. by 1986 NI 24. . . . . . , a Health
s.sch001 A Health and Social Services Board, or a committee appointed by such a Board, may,
s.sch003 The Agency shall be a body corporate with perpetual succession to which section 19 of
s.sch003 Sections 28 to 33 and 146 of the Local Government Act (Northern Ireland) 1972 and
s.sch003 The qualifications, remuneration and conditions of service of officers of the Agency shall be determined
s.sch003 The seal of the Agency shall be authenticated by the signatures of at least one
s.sch003 Any contract or instrument which, if entered into or executed by an individual, would not
s.sch003 The Agency shall, notwithstanding that it is exercising functions on behalf of the Ministry or
s.sch003 Subject to sub-paragraph (2), the Agency shall consist of a chairman, vice-chairman and such number
s.sch003 The Ministry may, by regulations, make provision for—the appointment, tenure, and vacation of office, of
s.sch003 The proceedings of the Agency or of any committee thereof shall not be invalidated by
s.sch003 So much of section 19 of the Interpretation Act (Northern Ireland) 1954 as relates to
s.sch003 The Agency shall, subject to sub-paragraph (5), appoint such committees as the Ministry may determine.Without
s.sch003 The Agency, or a committee appointed by the Agency, may, subject to sub-paragraph (3), appoint
s.sch006 In the exercise of its functions under this Schedule the responsible authority shall act in...
s.sch006 In this Schedule— (a) “ responsible authority ”, in relation...
s.sch006 (1) Subject to sub-paragraph (2), on any such application the court may, if satisfied on...
s.sch006 An order under paragraph 2 may be made so as to authorise a person's detention...
s.sch006 An order under paragraph 2 may be varied by an order of the court so...
s.sch006 At any time after the expiration of six weeks from the making of an order...
s.sch006 An application under this Schedule shall not be entertained by the court unless, three clear...
s.sch006 A person in respect of whom an application is made under this Schedule, and any...
s.sch006 Any expenditure incurred by the responsible authority under paragraph 8 shall be recoverable by the...
s.sch007 References to the Ministry or to the council shall be construed as references to the...
s.sch007 In paragraph 12— (a) in sub-paragraph (1) the word “such” and the words “as may...
s.sch007 In paragraph 14(1) the words “in the prescribed form” shall be omitted.
s.sch007 In paragraph 15(1) for the words “in the prescribed form” there shall be substituted the...
s.sch007 Paragraph 19 shall be omitted.
s.sch007 In paragraph 20, sub-paragraph (2) shall be omitted.
s.sch007 References to the said Schedule 6 shall be construed as references to that Schedule as...
s.sch007 Paragraph 1 shall be omitted.
s.sch007 In paragraph 2— (a) for the words from the beginning to “directs,” there shall be...
s.sch007 In paragraph 3(1)(ii) for the word “refuse” there shall be substituted the words “ decide...
s.sch007 In paragraph 4 the words from “and may provide” to the end of the paragraph...
s.sch007 In paragraph 5— (a) in sub-paragraph (1)( a ) the words “in the prescribed form...
s.sch007 In paragraph 6(2) for the words “fund out of which the expenses of the council...
s.sch007 In paragraph 11(3) the words “in the prescribed form” shall be omitted.
s.sch009 The Department may, in accordance with paragraphs 1A to 5,...
s.sch009 Loans to practitioners providing primary medical services (GP loans”) are...
s.sch009 Regulations under paragraph 1A may include provision for—
s.sch009 No regulations may be made under paragraph 1A unless a...
s.sch009 Where it is shown to the satisfaction of the Ministry...
s.sch010 (1) It is unlawful to sell the goodwill of the...
s.sch010 (1) For the purposes of paragraphs 1 and 2, a disposal of premises previously used...
s.sch010 The fact that a person's medical practice was previously carried on by another person who...
s.sch011 (1) There shall continue to be a tribunal ( “the...
s.sch011 (1) Where, on disposing of a case under paragraph 3, the Tribunal makes a general...
s.sch011 (1) Before making a direction under paragraph 9(3) or 10(1) in relation to any person,...
s.sch011 (1) This paragraph applies where it appears to the Department that there is provision in...
s.sch011 (1) Regulations may provide for the making to persons to whom paragraph 9(5) or 12(2)...
s.sch011 Where any of the services mentioned in paragraph 1(8)(a) to...
s.sch011 The Tribunal shall consist of— (a) a chairman appointed by the Lord Chief Justice; (b)...
s.sch011 A person appointed as the chairman or a deputy chairman shall be either a barrister-at-law...
s.sch011 (1) Any appointment for the purposes of paragraph 15(c) shall...
s.sch011 (1) The functions of the Tribunal shall be exercised by three members consisting of— (a)...
s.sch011 Regulations may provide for the appointment, tenure of office and vacation of office of members...
s.sch011 (1) Where an ophthalmic optician is a body corporate, the body corporate is to be...
s.sch011 (1) Sub-paragraph (2) applies where the Tribunal is of the...
s.sch011 (1) The functions of making disqualifications under paragraph 3 include...
s.sch011 (1) The Tribunal may review any disqualification, conditional disqualification or...
s.sch011 Any person aggrieved by any determination of the Tribunal under this Part may appeal to...
s.sch011 (1) Where— (a) under or by virtue of any provisions...
s.sch011 (1) The Department may, if it has made representations under...
s.sch012 Where a medical practitioner was in occupation of any dispensary residence immediately before the 5th...
s.sch012 Notwithstanding anything in any transferred provision, or in any conveyance, trust deed or other instrument...
s.sch012 Where the Ministry is satisfied that any property to which this Schedule applies (other than...
s.sch012 The Ministry shall, before disposing of any such property, notify the district council for the...
s.sch012 If the district council which has been notified pursuant to paragraph 4, by resolution duly...
s.sch012 A district council to which the interests, rights or liabilities in any property are transferred...
s.sch012 Where, under paragraph 3 or 6, any property is disposed of by the Ministry or...
s.sch012 Any district council by which any money is received under paragraph 7 in pursuance of...
s.sch013 An order under Article 76(1) may include provision—for the manner in which it is to
s.sch013 Where an order makes provision as mentioned in paragraph 1( f) the order shall be
s.sch014 Where the Health and Social Services Board is satisfied that...
s.sch015 Regulations made with the approval of the Ministry of Finance may provide— (a) for the...
s.sch015 Nothing in Article 98(1) shall operate to restrict the making of provision under this Schedule...
s.sch015 (1) Subject to the following provisions of this paragraph, regulations made with the approval of...
s.sch015 (1) Descriptions of persons may be prescribed for the purposes of paragraph 1(b) by reference...
s.sch015 Regulations made under paragraph 1 may provide that sums which...
s.sch015 (1) The Department shall by regulations provide for payments to...
s.sch015 Subject to paragraph 4, any charges under this Order shall, without prejudice to any other...
s.sch015 Any person entitled to recover charges under this Order may, by agreement with the governing...
s.sch015 (1) Where goods or services are provided under this Order and either— (a) any charge...
s.sch015 (1) Regulations may provide that, where a person fails to pay— (a) any amount recoverable...
s.sch015 Without prejudice to any other provision of this Schedule, it shall be lawful for the...
s.sch015a (1) No charge is to be made under regulations under paragraph 1A(1) of Schedule 15...
s.sch015a (1) No charge is to be made under regulations under paragraph 1A(1) of Schedule 15...
s.sch015a Paragraphs 1 and 2 do not apply in relation to— (a) the repair or replacement...
s.sch015a No charge is to be made under regulations under paragraph 1A(1) of Schedule 15 in...
s.sch015a Paragraph 4 does not apply where an appliance is supplied— (a) under Article 60A(2); (b)...
s.sch015a No charge is to be made under regulations under paragraph 1A(1) of Schedule 15 in...
s.sch015a Regulations may provide, with respect to any exemption under this Schedule, that it is to...
s.sch017 (1) The repeal by this Order of paragraph 2(1) of Schedule 11 to the Health...
s.sch017 Nothing in this Order shall affect the provisions of sections 28 and 29 of the...
s.sch017 The repeal by this Order of paragraph 2 of Schedule 11 to the Health Services...
s.sch017 The repeal of any enactment by this Order or by any enactment repealed by this...
s.sch017 The Belfast City Council may exercise the power conferred on the Lord Mayor, Aldermen and...
s.sch017 (1) Where— (a) in accordance with any enactment mentioned in sub-paragraph (4), compensation has been...
s.sch017 (1) The repeal of paragraph 1 of Schedule 3 to the Welfare Services Act (Northern...
s.sch017 Where immediately before [ 1st October, 1973] a hospital order or a guardianship order made...
s.schedule/15/part/paragraph/wrapper3n1 schedule/15/part/paragraph/wrapper3n1
s.schedule/17/part/chapter/5/paragraph/wrapper4n1 Para. 6 rep. by 1978 NI 15
s.schedule/17/part/chapter/7/paragraph/wrapper5n1 Para. 9. rep. by 1995 NI 2

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